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Articles by Power & Cronin

Sexual Harassment Prevention Training – Client Advisory

In August of 2019, the Illinois Human Rights Act (IHRA) was amended, requiring Illinois employers to train all employees on sexual harassment prevention by December 31, 2020, and on an annual basis thereafter.  This requirement applies to all employers with employees working in Illinois.  Employers must either develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training outlined in the IHRA, or they may use the model training available from the State. Power & Cronin greatly appreciates the opportunity to provide you with the very best legal representation.  Please let us...

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Pending Legislation on “Rebuttable Presumption” for COVID-19 Cases

As you are aware, in April, the Illinois Workers’ Compensation Commission proposed a Rule change to adopt a “rebuttable presumption” for COVID-19 exposure in the State of Illinois.  The Rule change was successfully challenged in Court, and subsequently withdrawn by the Commission.  At that time, it was anticipated that legislative changes would instead be pursued to create a presumption of compensability for exposure to COVID-19.   The Illinois General Assembly was called into Emergency Session beginning on Wednesday, May 19.  As expected, a “rebuttable presumption” bill, which proposes to codify changes to the Workers’ Compensation Act and Occupational Diseases Act, has now...

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GOVERNOR ANNOUNCES EXTENSION OF STAY-AT-HOME ORDER

Governor Pritzker has announced an extension and modification to the Illinois Stay-At-Home Order today. The extension is through May 30th. The current order runs through April 30th and this modified Order will go into effect on May 1st. While the actual order has not been released yet and may not be until early next week. As soon as its released, Power & Cronin will provide a detailed analysis of the modifications with a focus on its impact on business operations. For now, we have the following general details on the upcoming modifications starting May 1st: OUTDOOR RECREATION: State parks will begin...

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Navigating COVID-19: Legal Implications and Guidance

Employers are dealing with a wide variety of issues that have arisen in recent weeks due to the current COVID-19 Pandemic with associated Executive Orders and legislation issued at local, State and Federal levels. This includes the question of whether exposed employees who present claims for benefits are covered under the Illinois Workers’ Compensation Act and Occupational Diseases Act. Due to the rapid onset of this crisis, there simply has not been time for cases involving these issues to be presented to the Illinois Workers’ Compensation Commission for hearing. Nonetheless, the Commission has begun to set out some direction on...

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IRS Guidance for the Families First Coronavirus Response Act

Since our last update on March 26 regarding the Families First Coronavirus Response Act (“FFCRA”), the IRS has provided guidance on the two key provisions of the FFCRA, being the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) which amends Title I of the Family Medical Leave Act (“FMLA”).  Below is a summary of the Guidance recently provided by the IRS.  Additionally, the US DOL has provided additions and modifications(several times to date) to the Rules for the FFCRA that I will summarize in another update. Tax Credits for Eligible Employers The FFCRA provides...

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Update on SBA’s Paycheck Protection Program

The Small Business Administration (“SBA”) has released a Sample Application for the Paycheck Protection Program (“PPP”) made available in the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”).  I have attached the sample application for your review.  Additionally, the SBA has provided updated guidance on the PPP and the application process. Under the PPP, small businesses, nonprofits, sole proprietorships, independent contractors and self-employed individuals are eligible for loans of up to $10 million.  This program is for any small business with less than 500 employees affected by coronavirus/COVID-19.Businesses in certain industries may have more than 500 employees if they meet the SBA’s...

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CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (“CARES Act”)

On March 27th, the President signed the CARES Act, the third coronavirus relief packaged signed by the President.  AT 880 pages and $2 Trillion in economic impact, the CARES Act is very large and contains many important provisions for businesses.  Here we will highlight several of the Act’s key provisions.   PAYCHECK PROTECTION PROGRAM   Title I of the CARES Act is the Keeping American Workers Paid and Employed Act, which establishes the Paycheck Protection Program (“PPP”). Congress has appropriated $349 billion for the PPP, for three months of 100% guaranteed 7(a) loans to cover payroll costs, employer group health, interest on mortgage payments,...

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UPDATED COVID-19 GUIDANCE

UPDATED COVID-19 GUIDANCE Several days into the State of Illinois’ COVID-19 Response and Governor Pritzker’s Stay-Home Executive Order, we want to bring several developments to your attention as you guide your businesses through these difficult times.   The Families First Coronavirus Response Act   The U.S. Congress passed and the President signed into law the Families First Coronavirus Response Act (“FFCRA”) and its requirements go into effect on April 2, 2020.  Further, the Act is effective until, or sunsets on December 31, 2020.  FFCRA applies to all employers with fewer than 500 employees along with all government employers, with limited exceptions.  The FFCRA provides the...

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State of Illinois Executive Order

As you are undoubtedly aware by now, Illinois Governor J.B. Pritzker today issued COVID-19 Executive Order No. 8 (“EO No.8”), under the authority granted by the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(1)-7(12).  The Illinois Emergency Management Agency Act grants the Illinois Governor very broad emergency powers for a period not to exceed 30-days when the Governor Declares a Disaster, which Governor Pritzker did on March 9, 2020.  The Governor may renew this Declaration at the end of the 30-day period.   EO No.8 is a Stay-Home Order which provides limitations on businesses currently operating in the State of Illinois.  EO...

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Appellate Court Rules on Provider Access to 1% Per Month Interest

In Marque Medicos v. Zurich, Travelers, Hartford, and AIG et al., 1-16-0756, (1st Dist. 2017),  the First District Appellate Court-Sixth Division affirmed the dismissal of Plaintiffs’ (medical provider Marque Medicos; et al.) request for interest payments at 1% per month payable to the provider pursuant to the Illinois Workers’ Compensation Act (820 ILCS 305/8.2(d)(3).    The Plaintiffs contended in a four-count complaint the following:       Count 1.  The Medical Providers were third-party beneficiaries of the standard                      policies Defendants issued to employers, and that the Medical Providers                      were therefore entitled to recover for employers’ breach of those policies.       Count 2.  The Medical Providers had an implied...

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